Chapter III DEED OF APARTMENT & ITS REGISTRATION

(1) Whenever any sale or other transfer of any Apartment is made, the Promoter shall - (a) in the case of any sale or other transfer made after the commencement of this Act, within three months from the date of such, sale or other transfer, or (b) in the case of any sale or other transfer made before the commencement of this Act, within six months from the date of such commencement, execute a Deed of Apartment containing the following particulars, namely- (i) the names of the person (s) to whom the Apartment has been sold or transferred; (ii) description of the land on which the building and the Common areas and facilities are located, and whether the land is freehold or lease-hold, the period of such lease; (iii) a set of floor plans/ structural details of the multi-storied building showing the lay-out and location, number of Apartments and bearing a certified statement of an Architect/ Structural Engineer certifying that it is an accurate copy of the portions of the plans of the building as filed with, an approved by, the local authority within the jurisdiction of which are building is located; (iv) description of the multi-storied building, stating the number of storeys and basements, the number of Apartments in that building and the principal materials of which it is constructed; (v) the Apartment number, or statement of the location of the Apartment, its approximate area, number and dimension of rooms, and immediate Common area to which it has access, and any other data necessary for its proper identification; (vi) description of the Common areas and facilities and the percentage of undivided interests appertaining to the Apartment in the Common areas and facilities; (vii) description of the Reserved or limited Common areas and facilities, if any, stating to which Apartments their use is reserved; (viii) value of the property and of each Apartment and a statement that the Apartment and such percentage of undivided interest not encumbered in any manner whatsoever on the date of execution of the Deed of Apartment; (ix) statement of the purposes for which the building and each of the Apartments are intended and restricted as to use; (x) the name of the person to receive Process, together with the particulars of the residence or place of business of such person; (xi) provision as to the percentage of votes by the Apartment owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or any part of the property; Provided that the competent authority may, if it is satisfied that the promoter was prevented, by sufficient cause, from executing the Deed of Apartment in relation to any Apartment within the period of three months, or six months, as the case may be, permit the promoter to execute such Deed of Apartment within such further period, not exceeding six months, as it may specify. (2) The promoter shall get the Deed of agreement registered in accordance with Section 20 and shall - (a) file in the office of the competent authority; and (b) deliver to the concerned allottee or transferee, as the case may be, a certified copy of each Deed of Apartments as registered under Section 20 within one month of registration. (3) Whenever any transfer of any Apartment is made by the Apartment owner thereof, whether by sale, lease, mortgage, exchange, gift or otherwise, the transferor shall deliver to the transferee the certified copy of the Deed of Apartment delivered to him under sub-section 19.2 after making an endorsement thereon as to the name, address and other particulars of the transferee, to enable the transferee to get the endorsement on the certified copy of the Deed of Apartment registered in accordance with the provisions of Section 20. (4) Whenever any succession takes place to any Apartment or part thereof, the successor shall, within a period of six months from the date of such succession on the certified copy of the Deed of Apartment in relation to the concerned Apartment, and if there is any dispute as to the succession to the Apartment, the Competent Authority shall decide be same, and for this purpose, such authority shall have the powers of a Civil court, while trying a suit, and its decision shall have effect of a degree and shall be appealable as if it were a degree passed by the principal Civil Court of original jurisdiction. (5) Whenever any succession to an Apartment has been recorded by the competent authority under sub-section 16.4, such authority shall send a true copy of such record, to the concerned Registrar for registration thereof in accordance with the provisions of Section 20. (6) For the removal of doubts, it is hereby declared that the provisions of this section shall be in addition to and not in derogation of, the provisions of any other law, for the time being in force, relating to the transfer of immovable property,

(1) Every Deed of Apartment and every endorsement thereon relating to the transfer of the Apartment shall be deemed to be a document which is compulsorily registrable under the Registration Act, 1908 (16 of 1908) and shall be registered with the Registrar accordingly, and the words and expressions used in this section but not defined in this Act shall have the meaning respectively assigned to them in the Registration Act, 1908. (2) In all registration offices, a book called “Register of Deeds of Apartment under the Bihar Apartment Ownership Act, 2006” and an index relating thereto shall be kept in such form and shall contain such particulars as may be prescribed. (3) Whenever any endorsement on a Deed of Apartment is registered, the concerned Registrar shall forward a certified copy thereof to the competent authority to enable that authority to make necessary entries in the certified copy of the concerned Deed of Apartment filed with it under sub-section (2) (4) Any person acquiring any Apartment shall be deemed to have notice of the contents of the Deed of Apartment and the endorsement, if any, thereon as from the date of its registration under this section.

(1) If the Promoter of the Apartment as the case may be, fails to execute a deed of Apartment or an endorsement thereon, within six months of the date on which possession of the Apartment is given or where the competent authority or the State Government has granted extension of period, on expiry of such extended period, the competent authority may either on a complaint or suo moto impose a penalty up-to maximum of Two thousand five hundred per Apartment and also may impose minimum penalty for each Apartment of fifty rupees for every day subject to maximum of Rs. Twenty Thousand if the default continues, and the penalty may be recovered as arrears of land revenue. This penalty shall be in addition to any action under the Stamp Act or Registration Act 1908. (2) On the failure of the Promoter to execute the Deed of Apartment within the time stated above in sub-section (1) the allottee may make an application to the competent Authority. (3) On the failure of the Apartment owner to make an endorsement of the transfer of an Apartment on the Deed of Apartment within the time agreed upon, the Promoter may make an application to the competent Authority. (4) The application under sub-section (2) and (3) as the case may be, shall be given in prescribed form in writing in the office of the competent authority of the area for certificate to be produced before the Registration officer for enforcing the registration of the transfer. After making such enquiry as may be necessary and satisfying itself that the applicant has done what he is required to do under the agreement, the competent Authority shall issue a certificate to the concerned Registration Officer within a period of two month from the date of application that it is a fit case for enforcing registration and shall further direct the applicant to present the Deed of Apartment though not executed by the other party, for unilateral execution & registration. The registering Authority shall register the instrument. Notwithstanding anything contained in The Transfer of Property Act, 1882 or the Registration Act, the registration of the instrument made under this section shall be sufficient to vest the property with the applicant. Service charges of Rs. two thousand five hundred along with each application shall be charged by the competent authority whoever is defaulter i.e., Promoter/ Owner/ Allottee.

(1) Whenever any successor gets an Apartment or part thereof, by succession, the successor shall within a period of six months from the date of such succession, make an application to the Local Authority and Revenue Authority for recording such succession on the certified copy of the deed of Apartment and if there is a dispute as to the succession of the Apartment, the local authority shall decide the same. (2) Whenever any succession of an Apartment shall be recorded by the local Authority and Revenue Authority under sub-section (1) and such authority shall send a true copy of such record to the concerned Registrar for necessary recording in the records according to the provisions of the Registration Act.